The need for an affidavit to support the application under section 156(3) Cr.P.C., and the invalidity of a second FIR with similar allegations.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. This petition has been filed for quashing the First Information Report being Bagodar P.S. Case No. 217 of 2014 corresponding to G.R. No. 2733 of 2014 arising out of Complaint Case No. 1156 of 2014 for the alleged offence under sections 498(A)/323/506/34 of the IPC section 3/ 4 of the D.P. Act, pending in the court of learned Chief Judicial Magistrate, Giridih.

2. The complaint case was filed by the O.P. No. 2 alleging therein that the complainant was married to the accused No. 1-Karan Kumar Sinha @ Ramchandra Prasad @ Deepak Kumar S/o Din Dayal Prasad @ Dinanath Prasad with Hindu rites and customs. Further it is stated that before marriage, he had stated to the family of the complainant including complainant that no dowry would be demanded. Further the complainant went to her sasural at Dariyaganj after marriage and subsequently a baby was born namely Aditya @ Himanshu. Further it has been alleged that in laws family started demanding Rs. 3 lacs as Dowry from her. It has been further alleged that when she showed her inability to bring this amount from her Naihar then the accused no. 5 Pramod Prasad @ Pramod Kumar who is Chacha sasur of the complainant and a school teacher threatened that either bring this amount of Karan would be married somewhere else to get dowry. Further it has been alleged that accused no. 1 to 4 started torture upon her but accused no. 5 even threatened to kill her by setting her fire. It has further been alleged that they even tried to kill her by sprinkling kerosene oil but somehow she was saved. Further on 21.05.2014 a panchayati was convened with all the parties under Mukhiya-pati. But all in vain and accused persons adamant on their demand and threatened for dire consequences, if the demand is not fulfilled.

3. Ms. Neha Bhardwaj, the learned counsel appearing for the petitioners submits that for the same allegation, the O.P. No. 2 has filed the FIR at Nawada which was filed on 23.05.2014 which is registered as Nawada (Nagar) P.S. Case No. 269 of 2014. She further submits that for the same allegation the complaint was filed on 12.07.2014 at Giridih. She further submits that the learned court sent the complaint under section 156(3) Cr.P.C. for its registration and investigation. By order dated 13.07.2016 this Court has stayed the further proceeding in connection with Bagodar P.S. Case No. 217 of 2014, G.R. No. 2733 of 2014. She submits that for the same offence two FIRs have been instituted against the petitioners and the petitioners are the husband and inlaws of the O.P. No. 2. She relied in the case of T.T. Antony vs. State of Kerala, (2001) 6 SCC 181. Paragraph nos. 21, 27, 28 and 35 of the said judgment are quoted herein-below:

“21. The learned Solicitor-General relied on the judgment of this Court in Ram Lal Narang v. State (Delhi Admn.) (referred to as “Narang case”) to contend that there can be a second FIR in respect of the same subject-matter. In that case the contention urged by the appellant was that the police had committed illegality, acted without jurisdiction in investigating into the second case and the Delhi Court acted illegally in taking cognizance of that (the second) case. A reference to the facts of that case would be interesting. Two precious antique pillars of sandstone were deposited in the Court of Ilaqa Magistrate, Karnal, as stolen property. One N.N. Malik filed an application before the Magistrate seeking custody of the pillars to make indetail study on the pretext that he was a research scholar. It appears that the then Chief Judicial Magistrate of Karnal (H.L. Mehra), was a friend of Malik. At the instance of Mehra the said Ilaqa Magistrate ordered that the custody of the pillars be given to Malik on his executing a bond. About three months thereafter Malik deposited two pillars in the Court of Ilaqa Magistrate, Karnal. After some time it came to light that the pillars returned by Malik were not the original genuine pillars but were fake